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  1. #1
    Join Date
    Apr 2008

    Default Use of an Ohio Ingress Egress Easement

    I posted a portion of this earlier in the week and have more questions!

    Unfortunately we have a 50 foot easement for the 3 property owners behind us to access their property. It is recorded on the deed with the following language:

    Together with and subject to and easement for ingress, egress and utility purposes over the folloiwng described property:

    It then goes into the legal measurements of said easement.

    This easement is subject to the rights of abutting property owners to ingress, egress and establishment of utilities over, under and through the easement described herein.

    All property owners using the obave described easement are subject to the following:

    No parking by anyone will be permitted ont he main access road. The grass berm along the main access road will be maintained by the abutting land owner. The responsibility for maintenance and repair will be proportionately shared over the main access road and so proportioned by measuring from the south line of ______ Road the the point of entry of the lots using the main access road.

    Ok now onto the questions:

    The current drive is about 15 feet wide and gravel. It currently has a lot of potholes and the neighbors and their visitors are driving off the gravel into the grass to avoid the potholes causing a muddy mess in our yard. They also drive way too fast on the drive (we have small children). They want to bring gravel in to fix the potholes and siad they will continue to drive in our grass until this is done (nice neighbors huh?) They think they have the right to drive on all 50 feet of the easement and even think they "own" the easement. We have tried to explain that it is for several purposes and there are underground and overhead utilities and a very reasonable drive - permission to use not ownership. If the drive were 50 feet wide we would have no yard and there would be 3 telephone poles in the middle of it. I guess some people just dont have much common sense.

    The way I read the easement language we dont have to pay anything and they are all required to do so (ouir property is first on the drive and our point of entry is the main road).

    Also our one neighbor (the furthest back) is running 2 business with heavy trucks using the drive daily. Would this not also be an abuse of the easement?

    Can we make them pay for the damamges they are causing to our grass?

    Can we place temporary speed bumps (the plastic kind that can be moved for snow plowing, gravel spreading etc) on our property?

    Even though they have a very reasonable area to drive can they really have a right to drive on all 50 feet? That is just ridiculous and unreasonable.

    Can they force us to pay for gravel or are we not proportionately required to according to the language on the deeds?

    We are considering hiring an attorney but want as much information as possible.

  2. #2
    Join Date
    Oct 2007

    Default Re: Help With Ohio Ingress Egress Easement

    If it's 50 feet wide and you bought it, it's not ridiculous and unreasonable.

    They have every right within the 50' easement for ingress and egress.

    You didn't state your county or township so we have no idea about what zoning regulations might restrain your neighbor from running a business over your easement.

    That might be construed as overburdening the easement.

    No, they cannot force you to pay anything for the maintenance of the road past your property.

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